Article 12: Freedom of movement 1999, para. 20
Párrafo- Paragraph text
- The wording of article 12, paragraph 4, does not distinguish between nationals and aliens ("no one"). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase "his own country". The scope of "his own country" is broader than the concept "country of his nationality". It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 1999
- Tipo de párrafo
- Other
- Reference
- CCPR General Comment No. 27, Article 12: Freedom of movement (1999), para. 20.
- Paragraph number
- 20
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Fecha de adición
21 conexiones, 21 Entidades